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Friday Lunchtime Lecture: A Licence To Open - Using Law With Attitude
Friday Lunchtime Lecture: A Licence To Open - Using Law With Attitude
Friday Lunchtime Lecture: A Licence To Open - Using Law With Attitude
Amanda Brock
Director & Solicitor at Origin; Visiting Fellow at CCLS
What is qLegal?
qLegal provides free legal advice, workshops and resources to tech start-up companies and entrepreneurs
Established September 2013
Open Data Institute, 17 January 2014
Session scope
Understanding open
open source, free software, public domain, creative commons
Applicability
From open software to.medicines
Commercialising open
Making money..
Open Data Institute, 17 January 2014
Open as philosophy
Freedom of expression
GNU: free as in free speech, not as in free beer Copyleft or the engine of free expression
Moral rights
Rights to control the integrity and paternity of creations
Civil v common law jurisdictions
Public domain
Expiration & unprotectable subject matter Exceptions, e.g. fair use Abandonment? Retaining control
Open Data Institute, 17 January 2014
Outbound preference
e.g. European Union Public Licence
Open Data Institute, 17 January 2014
Core or ancillary
APIs & shims
Commercialising Open
Do you want to make money from Open? Can you make money from Open?
Commercialising Open
Different Kinds of open have different licensing practices: - Open source
- FSF or OSI approved licences
- Open data
- Creative commons, Open govt licence
- Open hardware
- TAPR or CERN licences
- Open databases
- ODbL, Open knowledge Foundation
- Open medicine
- New
Open Data Institute, 17 January 2014
Commercialising Open
What open means may vary so may be best to use licence tailored to what is being opened What do the licences grant?
Right to use what is someone elses Right to create derivatives May be at no cost May still be attribution type requirements May be cascade effect of licences, ie viral
Only use within the licence terms, not giving away all rights
Open Data Institute, 17 January 2014
Commercialising Open
Business Models
Add on support services Subscriptions Engineering and expertise Consultancy : Know how and knowledge Freemium, free to premium
Understand what model is early on as impacts all commercial and contract decisions
Open Data Institute, 17 January 2014
Commercialising Open
IP ownership and licensing
Licence does not give away all rights Commercial contracts must work with the licence May still hold IP rights, but licences may impact
e.g. Trade Marks
Commercial Contracts
What is being delivered and licence terms? What risk is there and who should take the risk? What liability is covered, warranties, indemnities, caps
Open Data Institute, 17 January 2014
Commercialising Open
Structures- open and corporate?
With openness may come an intention for the greater good
Projects and need for an entity Charities, Foundations and NFP CIC UK company with an approved community interest Companies and Corporates Use of two entities
Open Data Institute, 17 January 2014
Commercialising Open
Big picture May need to build infrastructure to work with communities and commercial entities Consider how receive contributions and rights Need for consents around personal data etc.